JUDGMENT
A. Introduction
[1] This appeal to the Court of Appeal (This Appeal) arose from a tragedy that befell Mr Qi Xiangqing (Deceased), a 22 year old male citizen of the People's Republic of China (PRC).
[2] The Deceased was a tourist in Malaysia and stayed in a "Five Star" hotel, Sunway Putra Hotel Kuala Lumpur (Hotel). Sadly, the Deceased drowned in the Hotel's swimming pool (Pool) which was open to all the guests of the Hotel.
B. Background
[3] In this judgment, we shall refer to the parties as they were in the Sessions Court.
[4] The plaintiffs (Plaintiffs) are the parents of the Deceased.
[5] On 14 February 2017-
(1) the Deceased checked into the Hotel owned by the defendant company (Defendant); and
(2) after checking into the Hotel, the Deceased swam in the Pool where he drowned (Incident).
C. Proceedings In Sessions Court And High Court
[6] With regard to the Incident, as parents and dependents of the Deceased, the Plaintiffs filed an action in the Sessions Court against the Defendant (This Action).
[7] In This Action, the Plaintiffs claimed damages for the Deceased's death based on the following two causes of action:
(1) tort of negligence; and
(2) tort of occupier's liability.
[8] In the Sessions Court, prior to the commencement of the trial in This Action (Trial), all the parties agreed that there were only three issues to be tried, namely-
(1) whether the Plaintiffs had proven the existence of a duty of care on the part of the Defendant as pleaded in sub-paragraphs 8(a) to (i) of the Statement of Claim;
(2) was the death of the Deceased caused by the Defendant's breach of duty of care?; and
(3) whether the Plaintiffs were entitled to claim general damages, special damages, aggravated damages and bereavement from the Defendant.